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Jambura Law Review
Published by Universitas Negeri Gorontalo
ISSN : 26549255     EISSN : 26560461     DOI : 10.33756
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including, Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
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Articles 14 Documents
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Search results for , issue "VOLUME 7 NO. 2 JULY 2025" : 14 Documents clear
Reconstruction of Restrictions on the President's Power in Determining the Posture of Ministries in the Indonesian Government System Saifulloh, Putra Perdana Ahmad; Yuliandri, Yuliandri; Simabura, Charles; Fahmi, Khairul; Nur, Asrul Ibrahim
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.29684

Abstract

This research is a critique of the 2024 State Ministry Law which gives the President the freedom to form Ministries according to his needs.. Based on this law, the President, Prabowo Subianto, formed a Cabinet consisting of 48 Ministries. For this reason, it is urgent to immediately enact a Presidential Agency Law to limit the President's power in determining the posture of ministries so that their functions do not overlap, do not reflect cabinet affairs, and prevent corruption. Through the Presidential Agency Law, it is hoped that the President will not use Ministerial positions as political barter and "share power" with political parties, coalitions and volunteers in General Elections. This research is normative research with statutory, historical, comparative and conceptual approaches. In this study it was concluded: 1).Cabinet dynamics in Indonesia after the enactment of the 2008 Law on State Ministries, namely, the Indonesia Bersatu; The Kerja Cabinet; and The Indonesia Maju Cabinet has Cabinet members, 34 Ministry; and Merah Putih Cabinet,  The number of Cabinet members is 48 Ministries in accordance with the 2024 State Ministry Law which gives the President the freedom to form Ministries according to his needs. 2).Design a Reconstruction of Restrictions on the President's Power in Determining the Posture of Ministries in the Indonesian Government System, namely: First, Establishing the Presidential Agency Law. Second, the Law on Presidential Agency must regulate the maximum number of 24 Ministries. Third, the amalgamation of Institutions within the President's circle to become an integral part of the Ministry of State Secretary. Fourth, the abolition of the Coordinating Ministry Institution. Fifth, Elimination of the Position of Vice Minister
Harmonization between National Policy and Regional Regulations in Solid Waste Management in Indonesia: A Normative-Empirical Legal Analysis Maskun, Maskun; Naswar, Naswar; Normiati, Normiati; Mukhlis, Muhammad Mutawalli; Wiranti, Wiranti
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.31141

Abstract

Indonesia’s solid waste management framework continues to face persistent legal and institutional challenges in harmonizing national policies with regional regulations within a decentralized governance structure. Despite the enactment of Law No. 18 of 2008 and subsequent regulatory instruments up to 2023, existing legal scholarship remains largely descriptive, focusing on compliance rather than addressing normative and institutional fragmentation particularly the misalignment between Law No. 18/2008 on Waste Management and Law No. 23/2014 on Regional Government. This study aims to fill that gap by employing a normative-empirical legal approach that combines doctrinal analysis with field-based interviews involving five key stakeholders from the Ministry of Environment and Forestry, provincial agencies, and legal experts. These structural weaknesses undermine policy coherence and highlight the limitations of relying solely on legal standardization. Drawing on decentralization theory and multi-level governance frameworks, this article offers two key contributions. First, it proposes the establishment of a National Regional Harmonization Council for Solid Waste Governance (NRHC–SWG) as a statutory mechanism to enhance vertical coordination. Second, it introduces the Multi-Level Governance Harmonization Index (MLGHI) as an evaluative model to assess coherence across normative, institutional, and operational dimensions. These prescriptive and analytical innovations aim to clarify the constitutional boundaries of regional autonomy under Article 18 of the 1945 Constitution, strengthen institutional synergy, and advance regulatory integration for sustainable solid waste governance in Indonesia.
Regulatory Frameworks In Islamic Fintech: Comparative Insights From Indonesia and Malaysia Fidhayanti, Dwi; Mohd Noh, Mohd Shahid; Hanafi, Hanira; Satria, Muhammad Hatta
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.30447

Abstract

Despite the rapid expansion of Islamic fintech in Indonesia and Malaysia, research comparing the legal and regulatory frameworks in both jurisdictions remains limited. This study addresses that gap by examining the differences and challenges within each country’s legal infrastructure that impact the development and governance of Sharia-compliant financial technology. The objective of this research is to analyze and compare the regulatory systems in Indonesia and Malaysia to identify structural strengths, weaknesses, and their implications for legal certainty and financial innovation. Employing a normative juridical method with a comparative legal approach, the study analyzes statutory instruments, regulatory frameworks, and institutional roles in both countries. The findings reveal that Malaysia benefits from a more cohesive and structured legal framework under the Islamic Financial Services Act 2013, supervised by Bank Negara Malaysia and the Securities Commission, ensuring enforceable Sharia compliance and robust innovation support. In contrast, Indonesia's regulatory environment suffers from fragmented oversight between OJK and DSN-MUI, resulting in legal uncertainty and limited enforcement of Sharia principles. This research contributes to the field of Islamic financial law by offering policy recommendations to harmonize regulatory frameworks, enhance legal clarity, and promote the sustainable growth of Islamic fintech ecosystems in Southeast Asia.
Legal Challenges of the Application of the Right to Be Forgotten in Blockchain in Indonesia and the European Union Putri, Uni Tsulasi; Nurhayati, Irna; Rahman, Taufiq El
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.30514

Abstract

The Right to Be Forgotten (RTBF), as enshrined in data protection laws under Article 8 of the Indonesia’s Personal Data Protection Law (PDP Law) and Article 17 of the European Union (EU) General Data Protection Regulation (GDPR), grants individuals the right to request the deletion of personal data. However, this principle is fundamentally at odds with blockchain’s immutability, which ensures that once recorded, data cannot be altered or erased. This study examines the legal conflict between RTBF and blockchain through a doctrinal and comparative legal analysis of Indonesia and the EU regulatory framework. This study employs a normative legal research approach, utilizing doctrinal analysis and comparative legal method to examine statutory provisions, case law, and scholarly literature of Indonesia and the EU on the conflict between the RTBF and blockchain technology. Findings reveal that both jurisdictions struggle to reconcile RTBF enforcement with blockchain’s technical architecture, particularly in public networks. While the EU possesses stronger institutional maturity, it lacks clear jurisprudential direction on blockchain-based RTBF cases. Indonesia, with its evolving legal landscape, shows potential for flexible reinterpretation of “data destruction” under Article 44 of the PDP Law. The paper proposes a normative shift interpretation from the right to absolute erasure of the data itself toward the right to cryptographic erasure which supported by hybrid legal-technical solutions such as key deletion, off-chain storage, and permissioned blockchains.

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